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JOHNSON v. THONI OIL MAGIC BENZOL GAS STATIONS, INC.

467 S.W.2d 772 (1971)

Della Mae JOHNSON, Administratrix of the Estate of David Lee Johnson, Deceased, Appellant, v. THONI OIL MAGIC BENZOL GAS STATIONS, INC., Appellee.

Court of Appeals of Kentucky.

June 4, 1971.

Attorney(s) appearing for the Case

John D. Miller, Miller & Taylor, Richard D. Gilliam, Jr., Owensboro, for appellant.

Clarence Bartlett, Bartlett, McCarroll & Nunley, Owensboro, for appellee.

STEINFELD, Judge.

Appellant, Della Mae Johnson, Administratrix of the estate of David Lee Johnson, deceased, sued appellee, Thoni Oil Magic Benzol Gas Stations, Inc. for damages. She alleged her appointment and qualification as the administratrix and the corporate status of the defendant. The next two paragraphs of her complaint were as follows:

"II That on or about January 18, 1969, while in the employ of defendant, Thoni Oil Magic Benzol Gas Stations...

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